California Codes, Civil Code - CIV, Division 4 — General Provisions, Part 5 — Common Interest Developments, Chapter 5 — Property Use and Maintenance, Article 1 — Protected Uses, Section 4705

(a) Except as required for the protection of the public health or safety, no governing document shall limit or prohibit, or be construed to limit or prohibit, the display of the flag of the United States by a member on or in the member’s separate interest or within the member’s exclusive use common area.

(b) For purposes of this section, “display of the flag of the United States” means a flag of the United States made of fabric, cloth, or paper displayed from a staff or pole or in a window, and does not mean a depiction or emblem of the flag of the United States made of lights, paint, roofing, siding, paving materials, flora, or balloons, or any other similar building, landscaping, or decorative component.

(c) In any action to enforce this section, the prevailing party shall be awarded reasonable attorney’s fees and costs.

Notes

Prohibits governing documents, except as required to protect public health or safety, from limiting a member's display of a qualifying United States flag on or in a separate interest or exclusive-use common area. The definition covers fabric, cloth, or paper flags displayed from a pole or window, excludes specified decorative depictions, and awards prevailing parties reasonable attorney's fees and costs.

Use as reference

Lexinter.net | California Code, Civil Code - CIV § 4705 | https://laws.lexinter.net/codes/california/civil-code/division-4/part-5/chapter-5/article-1/section-4705

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